Mike Ross Law Blog

Legal issues: Inside out

28 September 2020

Restraint of Trade: M&L Holdings Ltd v. Kuang

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Wenyan Kuang has been ordered to stop running his own real estate photography business in South Auckland, in breach of his agreement with fr...
24 September 2020

Creditor Moratorium: Brauninger & Tololi v. Westend

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Attempts by financially-pressed Cambridge horse stud Linwood Park to do a deal with creditors fell apart when news leaked that Stuart Brauni...

Reckless Trading: Debut Homes v. Cooper

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New Zealand’s ‘do it yourself’ tradition does not extend to corporate turnarounds.  It is a breach of director’s duties to self-manage corpo...

Insurance: Nestel v. Millar

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It was their German Shepherd cross Louis which gave them away.  An Australian insurer chasing Darryl and Linda Millar tracked them down to I...
23 September 2020

Property Development: Downer v. Signature Developments

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Signature Developments acted in a high-handed manner when it tried to railroad investor Robert Downer into purchase of a Pukekohe early chil...
21 September 2020

Autoterminal: Auto Net v. Tyler

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Used-car importer Auto Terminal’s restructuring in 2009 was triggered by a scheme to hide its true financial position; a restructuring which...

Penguin Group: Milk New Zealand (Shanghai) Ltd v. Miraka Ltd

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  Taken to arbitration after defaulting on long-term UHT milk purchase agreements, Chinese-owned Pengxin Group was ordered to pay Miraka Mil...
08 September 2020

Price-fixing: Commerce Commission v. Lodge & Monarch

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Hamilton based Lodge Real Estate and Monarch Real Estate have been ordered to pay price-fixing penalties nearly double that of competitors w...
04 September 2020

Constructive Trust: Patterson v. Alsaloom

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Potentially liable for fire damage to a rented Auckland property, tenant Kevin Patterson claims his landlord agreed that his money as tenant...

Estate Expenses: Kellerman v. Kellerman-Thornton

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Margaret Kellerman-Thornton was removed as executor of her late father’s estate after improperly charging personal expenses to the estate in...
03 September 2020

Tax: Inland Revenue v. Frucor Suntory

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  Structured financial transactions used to finance purchase of Frucor Beverages by French food and drinks giant Danone in 2003 were struck ...
31 August 2020

Companies Register: Singh v. Patel

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Shareholdings listed on the companies office public register do not promise legal ownership; each company’s own register is primary evidence...
28 August 2020

Director: Alala International Ltd v. Chen

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Leaving taxes unpaid after clearing all assets out of his cashed-up company cost Peng Chih Chen $590,200.  It was a breach of director’s dut...
26 August 2020

Autoterminal: Hemi v. Tyler

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With tens of millions at stake in the world-wide fight over control of used car importer Autoterminal, Hohua Hemi has narrowed the focus in ...
25 August 2020

Asset Forfeiture: Commissioner of Police v. Wishart

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One day before sentencing on cannabis supply charges, Richard Wishart saw the High Court confirm an agreed deal forfeiting $210,000 as proce...
21 August 2020

Family Company: Drummond v. O'Rorke

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  For Christine Drummond it was death by a thousand cuts.  Sister Julie O’Rorke would only agree to terms for sale of their Taranaki dairy f...
20 August 2020

Ngati Tama: Ngati Tama Trust v. White

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Threats to damage Ngati Tama’s commercial interests led to kaumatua Allen Potete White’s bankruptcy after he failed to pay a $13,800 court c...
19 August 2020

Insurance Fraud: Taylor v. Asteron Life

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  Cancelling insurance cover following a fraudulent claim does not permit insurers to recover prior payments on claims validly made, the Cou...
13 August 2020

Maori Land: Nicholls v. WT Nicholls Trust

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  George Nicholls appeal to tikanga when occupying Oamaru Bay Holiday Park near Coromandel was described by the Maori Land Court as cover fo...
12 August 2020

Asset Forfeiture: Commissioner of Police v. Snowden

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Real estate owned by convicted drug dealer Paul Andrew Snowden’s family trust was ordered sold as part of $743,300 criminal profits order. S...
11 August 2020

Bankruptcy: Singh v. Official Assignee

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  As a bankrupt, Cheryl Sitara Singh no longer controls her assets and cannot direct Insolvency Service as to how and when these assets can ...

Residential Restrictions: Jackson v. Small

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What to one is thing of beauty, to a neighbour can be an eyesore.  Geoff and Aria Small will be forced to demolish an equestrian barn on a s...
10 August 2020

David Henderson: Gower & Tubbs v. FTG Securities Ltd

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Interests associated with property developer David Henderson paid $100,000 to buy a South Canterbury second mortgage security over Tuam Vent...

Charities Registration: Greenpeace v. Charities Registration Board

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  Allowing Greenpeace registration as a charity creates a seismic shift in charities law. Political lobbyists can gain the tax benefits of c...
07 August 2020

GST: Ward v. Official Assignee

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  That wheel-clamping companies do not pay GST is akin to kidnappers not being liable for GST on ransom payments, Judge Bell mused when refu...
06 August 2020

Will: re Estate Joseph Grbavac

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  Joseph Grbavac arrived in New Zealand as a teenager in 1938, emigrating with his family from Dalmatia.  Like many in west Auckland’s Croat...
03 August 2020

Fraud: Kumar v. R.

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  Desperate to avoid deportation for fraud offences, Manoj Kumar’s appeal against conviction fell over when he admitted offences of deceptio...
31 July 2020

Insurance: Moore v. IAG Insurance

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  IAG Insurance and Graeme Moore were nearly two million dollars apart in agreeing the insurance payout on a Christchurch home damaged twice...

Restaurant: Il Forno Ltd v. Kleine

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  Long-standing family bakery and cafĂ© Il Forno in Auckland’s trendy Ponsonby has seen legal fisticuffs behind the scenes; Andrew Kleine fen...
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About Me

Mike Ross
Mike Ross spent nearly thirty years teaching all aspects of commercial law to business students and almost as many years writing variously for The New Zealand Herald, The National Business Review and The Chartered Accountants' Journal. He authored two books on legal principles governing business reconstructions. Mike Ross holds degrees in both law and economics from the University of Auckland.
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